PUBLIC NOTICE
Transmission Gully Proposal Application for Notices of Requirement and Resource Consents
In accordance with section 149C of the Resource Management Act 1991 (RMA), the EPA gives notice of the direction of the Hon Dr Nick Smith, Minister for the Environment (the Minister), to refer the matters lodged for the Transmission Gully Proposal (the proposal) to a board of inquiry. The New Zealand Transport Agency (NZTA), Porirua City Council (PCC), and Transpower New Zealand Limited (Transpower) (the applicants) have lodged applications for notices of requirement and resource consents (collectively known as matters) with the Environmental Protection Authority (EPA1).
In deciding whether the matters are a proposal, or part of a proposal, of national significance, the Minister had regard to relevant factors in section 142(3) of the RMA. In making his decision, the Minister also had regard to the views of the applicants (NZTA, PCC and Transpower), the relevant local authorities (Wellington Regional Council, Wellington City Council, Porirua City Council, Upper Hutt City Council and Kapiti Coast District Council), who consider that the proposal should be directed to a board of inquiry, and the EPA‟s recommendation that the matters be so directed.
The Minister considers the matters, as set out below, are a proposal, or part of a proposal, of national significance for the reasons identified in the „Reasons for Direction‟ section below, and has directed that they be decided by a board of inquiry in accordance with Part 6AA of the RMA. Under Section 149R of the RMA, the board must make its decision on the matters and produce a final report not later than nine months after the date of public notification of the Minister‟s direction.
1 The Environmental Protection Authority is a crown agent, responsible for processing applications of national significance.
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Public Notice: Transmission Gully
Overview of Notices of Requirement and Resource Consents
The matters for the Proposal consist of four components: The Main Alignment involves the construction, operation and maintenance of a 27 km section of state highway, formed to an expressway standard, from Linden to MacKays Crossing. The NZTA is the applicant for the Main Alignment. The Kenepuru Link Road involves the construction, operation and maintenance of a limited access state highway connecting the Main Alignment to western Porirua between Kenepuru Drive and the Kenepuru interchange. The NZTA is the applicant for the Kenepuru Link Road. The Porirua Link Roads involve the construction, operation and maintenance of two local roads (the Whitby Link Road and the Waitangirua Link Road) to connect the Main Alignment to the existing eastern Porirua road network. The Porirua City Council is the applicant for the Porirua Link Roads. The relocation of 24 transmission towers, between the Pauatahanui sub-station at State Highway 58 and MacKays Crossing, to accommodate the construction and operation of the Main Alignment. Transpower is the applicant for the transmission line relocation.
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Public Notice: Transmission Gully
NZTA lodged: Four (4) notices of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Transmission Gully Main Alignment within Kapiti Coast District (NoR 1), Upper Hutt City (NoR 2), Porirua City (NoR 3) and Wellington City (NoR 4); Two (2) notices of requirement with the EPA for the designation of land and airspace required for the construction, operation and maintenance of the Kenepuru Link Road within Wellington City (NoR 5) and Porirua City (NoR 6); and Sixteen applications for resource consent with the EPA for activities required for the construction, operation and maintenance of the Transmission Gully Main Alignment and the Kenepuru Link Road, which require resource consents under Wellington regional plans.
PCC lodged: One notice of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Whitby Link Road within Porirua City (NoR 7); One notice of requirement with the EPA for the designation of land required for the construction, operation and maintenance of the Waitangirua Link Road within Porirua City (NoR 8); and Four (4) applications for resource consent with the EPA for activities required for the construction, operation and maintenance of the Porirua Link Roads, which require resource consents under Wellington regional plans.
Transpower New Zealand Limited lodged: Two (2) applications for resource consent with the EPA for the relocation of the electricity transmission lines as required by the Transmission Gully Proposal.
How to make a submission
Any person can make a submission on the matters. The submission must be in writing on the prescribed form, and be received by the EPA no later than 5.00pm, Friday 14 October 2011.
Submission forms are available from http://www.epa.govt.nz/Resource-management/tg/Pages/Submissions.aspx or can be requested by calling 0800 EPA TGUL (0800 372 8485).
Your submission must include the following information: your name and address including your post code, phone number and email address; details of the matters (ie application(s) for notices of requirement and/or resource consents) in respect of which you are making the submission; whether you are neutral, support in full, support in part, oppose in full, or oppose in part the relevant application(s) for notices of requirement and resource consents and your reasons for your submission, the decision you seek from the Board of Inquiry; and whether or not you wish to be heard in support of your submission.
In addition, it would assist the inquiry process if you indicated in your submission whether you intend to provide evidence from any witness during the inquiry process and the areas or issues the evidence will address.
The EPA can receive submissions in a number of ways:
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by email, if the size of the email, including your submission, is smaller than 5MB; on an electronic storage device (eg, CD or memory stick), particularly if your submission is larger than 5MB in size; by fax; or in hard copy. Submissions must be received by 5.00 pm, 14 October 2011.
Please mark in the subject line: „Submission: (your name), Transmission Gully Proposal‟, and send your completed submission to the Environmental Protection Authority at the addresses below:
By email: [email protected]
Or by post: Environmental Protection Authority Transmission Gully Proposal PO Box 10720 The Terrace Wellington 6143;
Or by fax: 04 439 7714
You must also send a copy of your submission to the applicants. NZTA is acting as agent for PCC and Transpower, which means you only need to send your submission to the NZTA to meet this requirement. NZTA‟s address for service is:
NZ Transport Agency Attention: Greg Lee Transmission Gully Team NZ Transport Agency PO Box 6057 Wellington 6141;
Or email: [email protected];
Or by fax: 04 910 2559
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Public Notice: Transmission Gully Board of Inquiry Draft Timeline
These timeframes are indicative only and may change at direction from the Board.
Public Notification 17 September 2011 (confirmed)
Close of Submissions 14 October 2011 (confirmed)
Pre-hearing conference* 25 October 2011
Applicants‟ evidence in chief* 11 November 2011
Expert conferencing* 21 November – 2 December 2011
Submitter‟s expert evidence* 14 November - 16 December 2011
Applicant‟s rebuttal evidence * 20 January 2012
Hearing start* 7 February 2012
Final Decision Report* 15 June 2012
The Board of Inquiry may also provide for facilitated meetings between the applicants and submitters. If those arrangements are made, a timetable addressing them is likely to be issued following the close of submissions on 14 October 2011.
*When preparing evidence statements please refer to the Environment Court Consolidated Practice Note 2006 (www.justice.govt.nz/courts/environment-court) as amended. Particular regard should be paid to indexing, focus, succinctness, pagination and the use of protruding tabs for attachments (paragraphs 2.15, 2.16, 4.3 and 5.3).
Next steps
Inquiry process
The Board will issue hearing procedures outlining the way in which they intend to run the inquiry process, including procedures for evidence exchange. It is strongly recommended that all parties who want to be involved in the inquiry process take note of the Board‟s hearing procedures, which will be available on the EPA‟s website: http://www.epa.govt.nz/Resource-management/tg/Pages/default.aspx.
Decision process
After the Board completes its inquiry on the application, they will prepare a draft decision report. The EPA will circulate the draft report to the applicant, the local authority, submitters, and the Minister for the Environment. These parties may make comments on minor or technical aspects of the report. The Board will then consider any comments received on the draft report and produce a final decision report no later than nine months after the day of this public notice.
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Public Notice: Transmission Gully Where the information can be viewed
The applications for Notices of Requirement and Resource Consents can be viewed on the EPA‟s website at: http://www.epa.govt.nz/Resource-management/tg/Pages/default.aspx. They can also be viewed in hard copy at the following locations during normal office hours:
Environmental Protection Authority BP House (Level 1), 20 Customhouse Quay, Wellington Tower Centre (Level 6), 45 Queen Street, Auckland
Local authorities Greater Wellington Regional Council, 142 Wakefield Street, Wellington Kapiti Coast District Council, 175 Rimu Road, Paraparaumu Porirua City Council, 16 Cobham Court, Porirua Upper Hutt City Council, 838–842 Fergusson Drive, Upper Hutt Wellington City Council, 101 Wakefield Street, Wellington
Libraries Central Library, 65 Victoria Street, Wellington Mervyn Kemp (Tawa) Library, 158 Main Road (Cnr Cambridge Street & Main Road) Tawa, Wellington Porirua Library, Pataka, corner of Norrie and Parumoana Streets, Porirua Paraparaumu Library, 9 Iver Trask Place, Paraparaumu
Information for submitters
Public meeting
A public meeting to discuss the board of inquiry process and what it means to be a submitter in that process will be held at Meeting Room 1, Te Rauparaha Arena, Porirua, from 7.00pm to 9.00pm on Thursday 22 September 2011.
Friend of Submitter
A Wellington-based senior resource management practitioner, Mr Mark St Clair of Hill Young Cooper Ltd, has been appointed by the EPA as an independent „Friend of Submitter‟. His role is to provide assistance to potential submitters on how to make a submission and on being a submitter in the Board of Inquiry process. This service is to advise people on the process for lodging submissions, how they might capture their views in a submission and what steps they will be required to take after their submission is lodged. He cannot advise on whether to make, or what to include in a submission.
If you require assistance from the Friend of Submitter you can contact him using the details below, or drop in to one of the Friend of Submitter meetings:
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Public Notice: Transmission Gully
Date Time Venue
Saturday 24/09 1.15-2.45pm Pauatahanui School Hall, Pauatahanui
Wednesday 28/09 6.15-7.45pm St Peters Church Hall, Paekakariki
Thursday 29/09 6.15-7.45pm Helen Smith Community Room, Pataka, Porirua
Saturday 1/10 1.15-2.45pm Salvation Army Centre, Waitangirua, Porirua
Tuesday 4/10 6.15-7.45pm Bradey room (Adjacent to the Whitby Library), Whitby
Wednesday 5/10 6.15-7.45pm Information Centre, Tawa College, Tawa
Tuesday 11/10 6.15-7.45pm St Peters Church Hall, Paekakariki
Wednesday 12/10 6.15-7.45pm Pauatahanui School Hall, Pauatahanui
Thursday13/10 5.15-7.15pm Helen Smith Community Room, Pataka, Porirua
Additional meetings may be organised. Please contact the Friend of Submitter for information.
Friend of Submitter contact details
Hill Young Cooper Ltd Level 3, AMP Chambers 187 Featherston Street Wellington Email: [email protected] Phone: 04 473 5310
The Matters
Applicant: NZTA – Transmission Gully Main Alignment
Kapiti Coast District Council (NoR 1)
NSP 11/2.001: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway (Transmission Gully Main Alignment) located between the proposed tie-in with existing State Highway 1 at MacKays Crossing to the southern boundary of the District at the Wainui Saddle.
Upper Hutt City Council (NoR 2)
NSP 11/2.002: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway (Transmission Gully Main Alignment) at the junction of the north and western boundaries of the District at Wainui Saddle.
Porirua City Council (NoR 3)
NSP 11/2.003: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway (Transmission Gully Main Alignment) from the northern boundary of the District at the Wainui Saddle to the southern boundary of the District at Kenepuru.
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Wellington City Council (NoR 4)
NSP 11/2.004: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway (Transmission Gully Main Alignment) from the proposed tie-in with existing State Highway 1 at Linden to the north- eastern boundary of the District.
Applicant: NZTA – Kenepuru Link Road Component
Porirua City Council (NoR 5)
NSP 11/2.005: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway (Transmission Gully Main Alignment) from Kenepuru Drive to the proposed Kenepuru Interchange, close to the boundary of the District.
Wellington City Council (NoR 6)
NSP 11/2.006: Notice of requirement for a new surface designation for the construction, operation and maintenance of a state highway, (Transmission Gully Main Alignment) from Kenepuru Drive to the proposed Kenepuru Interchange, close to the boundary of the District.
Wellington Regional Council – resource consents for the Main Alignment/Kenepuru Link Road
NSP 11/2.007: (RC1) Land use consent for bulk earthworks and vegetation disturbance activities (including plantation forestry) for the construction of the Main Alignment and the Kenepuru Link Road (and associated access tracks and fill sites).
NSP 11/2.008: (RC2) Discharge permit for the discharge of chemically treated sediment laden water from erosion and sediment control devices to land in such a way that it may enter water.
NSP 11/2.009: (RC3) Discharge permit for the discharge of chemically treated sediment laden water from erosion and sediment control devices to water.
NSP 11/2.010: (RC4) Land use consent and water permit for the placement of structures in Wainui Stream and its tributaries and the realignment of part of the river bed in this catchment.
NSP 11/2.011: (RC5) Land use consent and water permit for the placement of structures in Te Puka Stream and its tributaries and the diversion and reclamation of part of the river bed in this catchment.
NSP 11/2.012: (RC6) Land use consent and water permit for the placement of structures in the Horokiri Stream and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment.
NSP 11/2.013: (RC7) Land use consent and water permit for the placement of structures in Ration Stream and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment.
NSP 11/2.014: (RC8) Land use consent for the placement of a structure in Collins Stream.
NSP 11/2.015: (RC9) Land use consent and water permit for the placement of structures in Pauatahanui Stream and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment.
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NSP 11/2.016: (RC10) Land use consent and water permit for the placement of structures in Duck Creek and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment as a discretionary activity.
NSP 11/2.017: (RC11) Land use consent and water permit for the placement of structures in Kenepuru Stream and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment.
NSP 11/2.018: (RC12) Land use consent and water permit for the placement of structures in Porirua Stream and its tributaries and the associated diversion and reclamation of part of the river bed in this catchment.
NSP 11/02.019: (RC13) Land use consent for the replacement of eight (8) existing perched culverts in Duck Creek with culverts providing fish passage.
NSP 11/2.020: (RC14) Land use consent for temporary stream crossings in streams required for temporary construction access tracks for the construction of the Main Alignment and the Kenepuru Link Road.
NSP 11/2.021: (RC15) Discharge permit for the discharge of contaminants to air from industrial or trade premises.
NSP 11/2.022: (RC16) Discharge permit for the discharge of contaminants in stormwater to land from industrial or trade premises.
Applicant: PCC – Porirua Link Roads Component
Porirua City Council (NoR 7)
NSP 11/2.023: Notice of requirement for a new surface designation from Transmission Gully to Whitby relating to the construction, operation and maintenance of the proposed Whitby Link Road.
Porirua City Council (NoR 8)
NSP 11/2.024: Notice of requirement for a new surface designation relating to the construction, operation and maintenance of the proposed Waitangirua Link Road.
Wellington Regional Council – resource consents
NSP 11/2.025: (RC17) Land use consents for bulk earthworks and vegetation disturbance activities for the construction of the Porirua Link Roads.
NSP 11/2.026: (RC18) Discharge permit for the discharge of chemically treated sediment laden water from erosion and sediment control devices to land in such a way that it may enter water.
NSP 11/2.027: (RC19) Discharge permit for the discharge of chemically treated sediment laden water from erosion and sediment control devices to water.
NSP 11/2.028: (RC20) Land use consent for the placement of structures in Duck Creek.
Applicant: Transpower New Zealand Limited: Resource Consents
Kapiti Coast District Council
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NSP 11/2.029: Activities requiring land use consent for the relocation of 18 electricity pylons (towers) in accordance with Regulation 16(1)(a) and 16(1)(b) of the National Environmental Standards for Electricity Transmission Activities.
Porirua City Council
NSP 11/2.030: Activities requiring land use consent for the relocation of six electricity pylons (towers) in accordance with Regulation 16(1)(a) and 16(1)(b) of the National Environmental Standards for Electricity Transmission Activities.
The Minister‟s reasons for directing the Transmission Gully Proposal (TGP) to a board of inquiry2
1. The matters lodged by the NZTA for the Main Alignment and Kenepuru Link Road components of the TGP are a proposal of national significance for the following reasons (a) has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment)
The Main Alignment and Kenepuru Link Road, being the 27km state highway inland alternative to the existing coastal route, have had a long history of media and public attention, part of which relates to the actual or potential effects of the proposal on the environment.
(b) involves or is likely to involve significant use of natural and physical resources
The Main Alignment and Kenepuru Link Road involves the construction of a state highway 27km in length, which in turn requires forming new link roads and the relocation of transmission lines in order to proceed. Construction will involve approximately 6.3 million cubic metres of cut material and 5.8 million cubic metres of fill material. There are approximately 112 stream crossings, requiring culverts and bridges, and the permanent realignment of approximately 6.5km of streams. The proposal traverses mainly rural land, with urban development at the northern end, at MacKays Crossing, and the southern end around Whitby, Linden, Waitangirua, Cannons Creek and other eastern suburbs of Porirua. Land within the proposal area is highly modified, comprising mostly pasture, with some areas of regenerating native bush and exotic forestry.
The proposal traverses nine hydrological catchments, which are part of four different watersheds. Five of the catchments (approximately 65% of the length of the proposal) drain into the Pauatahanui Inlet, which is considered to be relatively extensive unmodified estuarine area in the southern part of the North Island.
Multiple areas of land will need to be acquired by NZTA for the Main Alignment and the Kenepuru Link Road. Hence the construction and subsequent occupation of land and water by the TGP will involve significant use of natural and physical resources. The project is estimated to cost more than $1 billion.
(c) affects or is likely to affect a structure, feature, place or area of national significance
2 Please note that while the factors have not changed, recent changes to the Resource Management Act 1991 amended the paragraph referencing from alphabetical to roman numerical. Therefore the reference to s142(3)(a) is now s142(3)(a)(i), and so forth.
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The Main Alignment and Kenepuru Link Road are the primary components of the TGP. The PCC and Transpower matters are consequential to, and would not have been lodged without the NZTA matters. The Main Alignment and Kenepuru Link Road are part of the Wellington Northern Corridor Road of National Significance (which runs between Wellington Airport and north of Levin), a roading route identified in the Government Policy Statement on Land Transport Funding as a route requiring significant investment to reduce congestion. The Main Alignment and Kenepuru Link Road are considered to be a key section of the NZTA Wellington Northern Corridor.
The national significance of the TGP is further enhanced by its intended status as the primary state highway linking with the greater North Island and the South Island via Wellington and through the Cook Strait.
The Pauatahanui Inlet, into which 65% of the length of the proposal drains, is identified in the Wellington Conservation Management Strategy as “ a productive estuarine habitat, a site of national significance in the Sites of Special Wildlife Interest (SSWI) database and the only large area of salt marshes and seagrass in the Wellington Region.”
Construction of the Main Alignment requires relocation of transmission lines forming part of the national electricity grid, which is a structure of national significance.
(e) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment)
The Main Alignment and Kenepuru Link Road are likely to result in irreversible changes to the environment. The proposal will involve large scale earthworks (approximately 6.5 million cubic metres of cut material and 5.8 million cubic metres of fill material), diversion of approximately 6.5km of streams, culverting or bridging of approximately 112 streams, removal of exotic and regenerating native vegetation and changes to the hydrology within the catchments impacted.
(h) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions
The Main Alignment and Kenepuru Link Road are expected to provide an alternative route into and out of Wellington City. An alternate inland state highway route is intended to provide greater resilience to natural hazards, such as sea level rise, and provide an alternative route into and out of the western side of Wellington in the event of a natural disaster. Construction of the Main Alignment and associated link road is intended to improve travel times, reliability, reduce congestion within the western road corridor, and provide a safer driving environment. These provisions will assist the Crown in providing a safe and secure transport alternative, particularly in the event that the current State Highway 1 is impacted by unforeseen events.
The Kenepuru Link Road will help improve access to key regional and inter-regional destinations by linking the western Porirua road networks to the Main Alignment. The proposal to relocate parts of the transmission line to enable the construction and operation of the Main Alignment will ensure connection to the National Grid is maintained, thereby assisting the Crown in fulfilling its public health and welfare functions.
(i) affects or is likely to affect more than 1 region or district
The Main Alignment and Kenepuru Link Road traverse the jurisdictions of four territorial authorities (Wellington City Council, Porirua City Council, Upper Hutt City Council, and the Kapiti Coast District Council) and are within the jurisdiction of the Greater Wellington Regional Council.
(j) relates to a network utility operation that extends or is proposed to extend to more than 1 district or region
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The network utility operation for the Main Alignment and Kenepuru Link Road components extends to the four territorial authorities (Wellington City Council, Porirua City Council, Upper Hutt City Council, and the Kapiti Coast District Council).
2. The matters lodged by the PCC for the Porirua Link Roads component of the TGP form part of a proposal of national significance for the following reasons: (h) will assist the Crown in fulfilling its public health, welfare, security, or safety obligations or functions
The Porirua Link Roads assist the Crown in meeting its security and safety functions and obligations because they will provide an alternative route into and out of Wellington City. Access to an alternate inland state highway route is intended to provide greater resilience to natural hazards, such as sea level rise impacting the coastal route (State Highway 1), and provide an alternative route into and out of the western side of Wellington in the event of a natural disaster. Construction of the Porirua Link Roads, which would provide access to the Main Alignment, is intended to also improve travel times, reliability, reduce congestion within the western road corridor and provide a safer driving environment.
3. The matters lodged by Transpower for the relocation of transmission lines component of the TGP form part of a proposal of national significance for the following reasons: (c) affects or is likely to affect a structure, feature, place or area of national significance
The national electricity grid extends across New Zealand, including towers, poles, lines, cables and substations. It includes over 12,000km of high-voltage transmission lines and more than 170 substations. Both the transmission lines and the proposed Main Alignment are nationally significant structures. Without relocation of the Paekakariki-Takapu Road A transmission line, which is located within the proposed route of the Main Alignment, construction of the Wellington Airport to north of the Levin Road of National Significance would be affected, as the transmission lines run along the proposed route. Similarly, interruption to and removal of the transmission lines is not a viable option given the national significance of the national electricity grid of which the lines are a part.
(i) affects or is likely to affect more than 1 region or district
The national electricity grid is a strategic infrastructure link, providing electricity across New Zealand. The relocation works are located within the Kapiti Coast District, Porirua City and the jurisdiction of the Greater Wellington Regional Council.
Sarah Gardner General Manager, Nationally Significant Proposals As delegated by the Board, exercising the powers, functions and duties of the Environmental Protection Authority.
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